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20 �.20'� 35 �
<br />satisfaction, provided that such insp�tion shall be undertaken promptly. Lender may pay for the repairs
<br />and restoration in a single disbursement or in a series of progress payments as the work is completed.
<br />Unless an agre�ment is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Bonower any interest or earnings on such
<br />Miscellaneous Proceeds. If the restorarion or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
<br />applied in the order provided for in Secrion 2.
<br />In the event of a total talcing, destrucrion, or loss in value of the Property, the Miscellaneous Proceeds shall
<br />be applied to the sums se,cured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Bonower.
<br />In the event of a partial taking, destruction,.or loss in value of the Property in which the fair market value of •
<br />the Property immediately before the partial taking, destrucrion, or loss in value is equal to or greater than the
<br />amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or
<br />loss in value, unless Borrower and L.ender otherwise agree in writing, the sums secured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fractian: (a} the total amount of the swns secured immediately before the partial taidng, destruction, or loss
<br />in value divided by (b) the fair markex value of the Property immediately before the partiat taldng,
<br />de.stcvction, or Ioss uc value. Any batance s�hall be paid to Borrower.
<br />In the eve� of a partial taldng, d�tion, or loss in value of the Property in which the fair market value of
<br />the Praperty immecliate�y before the g�tiat taking, desmiction, at loss in vaiue is less than the amount of the
<br />sums secu� imm�i.iately be�ore tfie partiat taking, destructien, or Iass in value, unless Borrower aad
<br />�.eac�er otherwise agree in writiag, c�e Miscelta�us Pmc�ds shatl ire applied to the s�s s�vred by this
<br />SecUrity In.ctr�t wfiether os nat t�e su�es are thea due.
<br />If the Propetty is abandaned by BorrQwes, or if, after norice by Lender to Borrower that the Opposing Party
<br />(as defined in the next senteace) offers to make an award to �ttle a claim for damages, Borrower fails to
<br />respond to Lender within 3U clays after ti�e date the notice is given, Lender is authorized to collect and apply
<br />the Miscellaneaus Proceeds either to restoration or repair of the Property or to the sums securai by this
<br />Sec�rity I�trument, whether or nM ti� due. "Opgosing Party" meaus the third party that owes Borrower
<br />Miscella�us Praceeds or the parly agai�t whom Borrower has a right of action in regard to Miscellan�us
<br />Proceecfis.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgment, cauld res�ilt in forfeiture of the Property or other material impairment of Lender's interest in the
<br />Property or rights under this Security Insmiment. Borrower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Seetion 19, by causing the action or proceeding to be dismissed with a
<br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
<br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any awazd or
<br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in Section 2.
<br />NEBRASKA-Single Famtly-Fennie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />VMP p VMP6INE) (1105)
<br />Walters Kluwer Finandal Services Page 10 of 17
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